Teagle v. Philadelphia

Dissenting Opinion by

Mr. Justice O’Brien :

The majority opinion is directly in conflict with the case law as stated by this court. In Bosack v. Pgh. Railways Company, 410 Pa. 558 189 A. 2d 877 (1963), an irregularity existed in a street which the railway company, by virtue of its tracks, had the duty to maintain. Several cobblestones, located some five to eight feet from the ordinary pedestrian crossing, had sunk an inch or two below the level of the track. In re*400versing a verdict for the plaintiff, we held that, as a matter of law, the defect was so minor as not to he actionable. We there…